In all the years I've been on the bench, I've never seen such an egregious violation of the court's rule on witnesses.

I have made the decision.

This is the second significant error by the government affecting the constitutional rights of the defendant and the criminal justice system in this country in the context of a death case.

That would very likely put you in a situation of being able to argue very effectively that although a member of the conspiracy, you should be given a significantly mitigating role, and that might be sufficient for the jury to find that the death penalty would not be appropriate in your case.

At a minimum, ... would eliminate the possibility of the death sentence and could exculpate him from the specific conspiracies charged in this case.

We're not going to get into a political discussion at this point.

The affidavit must indicate why investigators were unable to retrieve any information from MSN Hotmail and/or any other computers or accounts searched.

Unless the United States demonstrates a legitimate reason why these recordings are essential to an issue in dispute either in the guilt or penalty phase of this case, these tape recordings should not be admitted at trial.

Agrees with the defendant's skepticism of the government's ability to prosecute this case in open court in light of the shroud of secrecy under which it seeks to proceed.